Updated on: November 28, 2023
Article 1 General Provisions
1.1 Scope of Application
1.1.1 This Reyee Data Processing Agreement (the "Agreement") is entered into by and between you (the "User") and Ruijie Networks Co., Ltd. ("Ruijie"), and applies to the matters related to data processing in the process of using any Reyee product/service ("Reyee Product/Service") provided by Ruijie. You authorize Ruijie to process relevant data based on the purpose of using the Reyee Product/Service, and your signature on this Agreement is deemed as your authorization to Ruijie.
1.1.2 After this Agreement comes into effect, it shall become an integral part of the Reyee Terms of Use Agreement signed by you when you log in to use the Reyee Product/Service. In the process of using the Reyee Product/Service, except for the delegation of data processing services agreed in this Agreement, other related matters shall be executed in accordance with relevant provisions of the Reyee Terms of Use Agreement signed by you.
1.1.3 If the Reyee Product/Service contains links or information of third-party products/services, the data processing agreement or policy of the third-party products/services may be applicable. This Agreement does not apply to the collection and processing of relevant data by the third party.
1.2 Effective Date
1.2.1 Before using the Reyee Product/Service, you should carefully read and fully understand the content of this Agreement and agree to it by ticking the checkbox on the login page.
1.2.2 Regardless of whether you have signed this Agreement in the way described in the preceding paragraph, your use of the Reyee Product/Service shall be deemed that you fully understand and agree to this Agreement, and that this Agreement shall take effect.
1.2.3 Ruijie may revise and update this Agreement at any time based on the update of product/service functions, changes in user needs, or other major changes in the business or operation of the user or Ruijie. The updated agreement will be submitted to the user for confirmation through the product/service login interface, and will be legally binding on the user and Ruijie after being signed in the manner agreed upon.
Article 2 Terms and Definitions
2.1 User
The term "User" in this Agreement refers to government, financial, enterprise, education, and other industry units or organizations and individuals using the Reyee Product/Service.
2.2 Affiliate
The term "Affiliate" refers to any entity that directly or indirectly controls, is directly or indirectly controlled by, or is under common control with a Party, where "control" means the power to decide the financial or operating policy of an entity, whether through voting rights or otherwise.
2.3 Reyee Product/Service
The term "Reyee Product/Service" in this Agreement refers to the Reyee hardware devices provided by Ruijie and the embedded software services.
2.4 User Data
The term "User data" refers to any data actively provided by users or data obtained or collected based on this Agreement during the use of the Reyee Product/Service, as well as other related data generated by the above data, including but not limited to logs and operation data. User data may contain information related to the organization to which the user belongs, such as asset information, device configuration, and operation data.
This Agreement only applies to the user data (see 3.1 "Types of Data Processed by Ruijie" for details) that the user agrees to transmit to the Ruijie's servers, and authorizes Ruijie to process, and** does not apply to any user data that is retained on the user's local device.**
Article 3 Entrustment of Data Processing
3.1 Types of Data Processed by Ruijie
This Agreement applies to the Reyee Product/Service provided by Ruijie for you. In order to provide you with the Reyee Product /Service, you explicitly authorize Ruijie to process the following user data belonging to you or your organization and affiliates thereof:
3.1.1 Software and hardware version and license information (such as the version number, serial number, gateway ID, and hardware model).
3.1.2 Device operation records, such as logins, clicks, searches, and login frequency of administrators on the device's management interface.
3.2 Purpose and Necessity of Data Processing
To provide high-quality products/services to meet users' needs in network maintenance and other aspects, Ruijie needs to develop products/services based on users' needs to achieve product/service functions, and maintain the security and stable operation of products/services during users' use of the functions. To achieve these necessary purposes, you must authorize Ruijie to process data. Ruijie processes relevant data based on your authorization and the data description of relevant products/services in this Agreement, appendixes hereof, and other related agreements. Your configuration of Reyee Product/Service shall be deemed as a form of written instruction.
3.3 Authorization to Process Data
3.3.1 You shall warrant that you have sufficient authority to provide Ruijie with the authorization as agreed in this Agreement, and that all the sources and content of the user data authorized to Ruijie are legal, true, and valid.
3.3.2 Ruijie will provide the products/services required by you based on the reasonable trust on you, and after the administrator authorized by you sign this Agreement by checking the checkbox. Ruijie will strictly abide by relevant laws and regulations and the provisions of this Agreement to fulfill the obligation of protecting user data.
Article 4 Usage and Security Protection of User Data
4.1 Scope of User Data Usage
Ruijie will process user data within the scope authorized by the user. If there is a need to process user data beyond the scope authorized by the user, Ruijie will reach an agreement with the user through the update of this Agreement or other means.
4.2 Delegation of Authority
4.2.1 The user agrees that Ruijie may delegate all data processing rights to its affiliates within the scope of this Agreement, and may delegate relevant data processing rights to the specified third party within the scope specified in the annex of this Agreement.
4.2.2 If Ruijie needs to delegate the processing of user data to other third parties for the purpose of providing products/services to you or other necessary purposes, Ruijie will seek the your authorization and consent through an updated agreement or data processing notification as soon as possible, and will only delegate the processing to the third parties within the scope of your authorization and consent. Ruijie will sign an appropriate agreement with the third party to ensure that the third party's obligations to protect user data are no less than those specified in this Agreement.
4.3 User Data Storage
4.3.1 Except for the operation data generated by the user on the web interface of Reyee Product/Service, which are stored in a server within the territory of the People's Republic of China, other user data is stored in different locations based on the location of the device. For details, see the following table.
Device Location |
User data storage location |
Asia Pacific |
Singapore data center |
Middle East, Africa, Europe, Eurasian countries, Central Asia, Latin America, and Canada |
European data center |
America |
U.S. data center |
Ruijie will store the data for the period specified in relevant laws or agreed with the user (subject to the necessary requirements for providing Reyee Product/Service to the user). You acknowledge and agree that in certain scenarios, to provide you with necessary services, especially maintenance and troubleshooting services, Ruijie may need to transfer, collect and process the user data across borders. If you disagree, Ruijie has the right to refuse to provide you with the relevant services. For example, if the type of data to be transferred or processed across borders requires you to perform relevant legal obligations stipulated by the regulatory authority in the country where the device is located, such as registration and filing, you will bear such legal obligations unless otherwise stipulated by law. If the law clearly stipulates that Ruijie must perform relevant legal obligations, Ruijie will actively cooperate with you to perform relevant obligations after you require, expressly, Ruijie to perform them.
Article 5: Indemnification
5.1 Your Responsibility for Data Processing
Some user data generated during the use of Reyee Product/Service but not authorized to Ruijie for processing will be stored on the local server of the user, and the user will manage and bear all responsibilities arising therefrom. If you use a Reyee Product/Service through borrowing, leasing, testing, or other means within a certain period of time, you shall return the relevant devices to Ruijie or an authorized distributor thereof after the use period expires. For the user data carried on such device, the user shall be responsible for deleting and processing the data before returning the device. Otherwise, if the data is leaked or damaged due to your failure to delete the data in time, Ruijie shall not be held liable for any damage caused thereby.
5.2 Exceptions to Obtaining User Authorization
Ruijie may collect, disclose or use relevant user data beyond the scope authorized by the user through this Agreement for the purpose of fulfilling the obligations stipulated by laws, regulations or policies, fulfilling the management requirements of regulatory authorities, fulfilling other agreements signed with the user, or for other necessary purposes. In this case, the user agrees to exempt Ruijie from the liability for breach of contract or damages.
5.2.1 Performance of obligations directly related to national security, national defense security, public security, public health, and major public interests.
5.2.2 Performance of obligations directly related to criminal investigation, prosecution, trial and execution of sentences.
5.2.3To protect the life, property and other major legitimate rights and interests of users or other individuals, but it is difficult to obtain the authorization and consent of users.
5.2.4 To maintain the security and stability of Reyee Product/Service, such as to discover or rectify vulnerabilities or failures of products/services.
5.2.5 The user has disclosed the relevant data information to the public.
5.2.6 Ruijie collected relevant data information from a legitimate and public source, such as news reports and government information disclosure channels.
5.3 Limited Liability for User Data Security Protection
5.3.1 Ruijie undertakes to take reasonable measures to protect the security of user data, but the user understands and acknowledges that no security measures are completely reliable, and Ruijie will work with the user to ensure data security. If a security event such as user data leakage, loss, or damage occurs due to hacker attacks, virus intrusion, or other uncontrollable factors, the user understands that Ruijie shall not be held liable for any direct or indirect loss or liability incurred therefrom.
5.3.2 Ruijie is not liable for any direct or indirect loss or liability arising from the security incident such as data leakage, loss, or damage caused by the user's own reasons, such as the user informing others of the password of the product/service account, or the user delegating the product/service account to a third party through online authorization or configuration change, or the user's violation of this Agreement or the* Reyee Terms of Use Agreement*.
Article 6: Applicable Law and Dispute Settlement
6.1 Governing Law
The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China (excluding the application of the law). If there is no relevant provision in the laws, the commercial practices may be referred to.
6.2 Dispute Settlement
If any dispute or controversy arises between the user and Ruijie, the user and Ruijie shall first try to settle the dispute or controversy through friendly negotiation. If no settlement is reached through negotiation, the user agrees to submit the dispute or controversy to the People's Court of Haidian District, Beijing.
Article 7 Contact Information
If you have any questions or concerns about data processing, you can contact the customer service team of Ruijie by email at service_rj@ruijienetworks.com or through online technical support.